§ 64.021.Qualifications; Residence Requirement

Qualifications, and the consequence of failing the first is severe.

To be appointed for property located entirely or partly in this state, a person must be a citizen and qualified voter of this state at the time of appointment and not be a party, attorney, or other person interested in the action.

The disinterest requirement is the one that matters most in practice. A receiver holds property for everyone with a claim to it, and a person with a stake in the outcome cannot do that.

Excluding the attorney is a real constraint. Counsel who obtained the receivership knows the assets best and is the obvious candidate — and is barred.

The citizenship and voter requirement is a survival, and it does substantial work in a way that reads oddly today: it makes the receivership a Texas office, held by someone answerable here.

Subsection (b) supplies the sanction: the appointment of a receiver disqualified under the citizenship requirement is void as to property in this state.

"Void", not voidable — so acts taken by such a receiver over Texas property rest on nothing, and no one need move to set the appointment aside.

The corporate consequence is harsher still. Where a non-citizen is appointed receiver for a domestic corporation owning Texas property, that corporation forfeits its charter, and the attorney general must sue for forfeiture.

Subsection (c) requires actual residence in this state during the receivership, so qualification at appointment is not enough — a receiver who moves away has ceased to be qualified.